Sec. 201. Treatment alternative to incarceration programs
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/bill/113/hr/5845/ih/section-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Strike 3797(q), Drug Treatment Alternatives to Prison (42 U.S.C. chapter 46), and insert: In this section— the term eligible entity means a State, unit of local government, Indian tribe, or nonprofit organization; and the term eligible participant means an individual who— comes into contact with the criminal justice system or is charged with an offense; has a history of or a current— substance use disorder; mental illness; or co-occurring mental illness and substance use disorders; and has been approved for participation in a program funded under this section by, as applicable depending on the stage of the criminal justice process, the relevant law enforcement agency or defense attorney, probation or corrections official, judge, or representative from the relevant mental health or substance abuse agency.
The Attorney General may make grants to eligible entities to develop, implement, or expand a treatment alternative to incarceration program for eligible participants, including— pre-booking treatment alternative to incarceration programs, including— law enforcement training on substance use disorders, mental illness, and co-occurring mental illness and substance use disorders; receiving centers as alternatives to incarceration of eligible participants; specialized response units for calls related to substance use disorders, mental illness, and co-occurring mental illness and substance use disorders; and other arrest and prebooking treatment alternative to incarceration models; and postbooking treatment alternative to incarceration programs, including— specialized clinical case management; pretrial services related to substances use disorders, mental illness, and co-occurring mental illness and substance use disorders; prosecutor- and defender-based programs; specialized probation; treatment and rehabilitation programs; and drug courts, DWI courts, and veterans treatment courts.
An eligible entity desiring a grant under this section shall submit an application to the Attorney General— that meets the criteria under paragraph (2); and at such time, in such manner, and accompanied by such information as the Attorney General may require. An eligible entity, in submitting an application under paragraph (1), shall— provide extensive evidence of collaboration with State and local government agencies overseeing health, community corrections, courts, prosecution, substance abuse, mental health, victims services, and employment services, and with local law enforcement agencies; demonstrate consultation with the Single State Authority for Substance Abuse; demonstrate that evidence-based treatment practices will be utilized; and demonstrate that evidenced-based screening and assessment tools will be utilized to place participants in the treatment alternative to incarceration program.
Each eligible entity awarded a grant for a treatment alternative to incarceration program under this section shall— determine the terms and conditions of participation in the program by eligible participants, taking into consideration the collateral consequences of criminal conviction; ensure that each substance abuse and mental health treatment component is licensed and qualified by the relevant jurisdiction; for programs described in subsection (b)(2), organize an enforcement unit comprised of appropriately trained law enforcement professionals under the supervision of the State, tribal, or local criminal justice agency involved, the duties of which shall include— the verification of addresses and other contacts of each eligible participant who participates or desires to participate in the program; and if necessary, the location, apprehension, arrest, and return to court of an eligible participant in the program who has absconded from the facility of a treatment provider or has otherwise violated the terms and conditions of the program, consistent with Federal and State confidentiality requirements; notify the relevant criminal justice entity if any eligible participant in the program absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program, consistent with Federal and State confidentiality requirements; submit periodic reports on the progress of treatment or other measured outcomes from participation in the program of each eligible offender participating in the program to the relevant State, tribal, or local criminal justice agency; describe the evidence-based methodology and outcome measurements that will be used to evaluate the program, and specifically explain how such measurements will provide valid measures of the impact of the program; and describe how the program could be broadly replicated if demonstrated to be effective.
An eligible entity shall use a grant received under this section for expenses of a treatment alternative to incarceration program, including— salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including the enforcement unit; payments for treatment providers that are approved by the relevant State or tribal jurisdiction and licensed, if necessary, to provide needed treatment to eligible offenders participating in the program, including aftercare supervision, vocational training, education, and job placement; and payments to public and nonprofit private entities that are approved by the State or tribal jurisdiction and licensed, if necessary, to provide alcohol and drug addiction treatment to eligible offenders participating in the program.
An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. The Attorney General shall ensure that, to the extent practicable, the geographical distribution of grants under this section is equitable and includes a grant to an eligible entity in— each State; rural, suburban, and urban areas; and tribal jurisdictions.
Each fiscal year, each recipient of a grant under this section during that fiscal year shall submit to the Attorney General a report on the outcomes of activities carried out using that grant in such form, containing such information, and on such dates as the Attorney General shall specify. There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020.